Law

County sheriff questions authority of tribal officers in New Mexico


The tribal court building at Ohkay Owingeh, New Mexico. Image from Google Maps

Another New Mexico tribe is facing questions about its authority over non-Indians.

Rio Arriba County Sheriff James Lujan believes police officers from Ohkay Owingeh shouldn't be allowed to cite non-Indian motorists in tribal court. He doesn't think the officers have been cross-commissioned anywhere in the state.

"So they have no jurisdiction with non-tribal members," Lujan told local officials at a recent meeting, The Rio Grande Sun reported. He's asked the attorney general for an opinion to clarify the matter, the paper said.

According to the paper, the prior sheriff revoked Ohkay Owingeh's agreement in 2010. The sheriff in another county did the same with other tribes in May after the New Mexico Supreme Court ruled that counties can be held liable for the actions of cross-commissioned tribal officers.

Another tribe in yet another county, Jemez Pueblo, has been warned it could lose its cross-commissions for ticketing non-Indians in tribal court.

Get the Story:
Sheriff Challenges Tribal Police (The Rio Grande Sun 8/27)

New Mexico Supreme Court Decision:
Loya v. Gutierrez (May 11, 2015)

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